Ref. Ares(2019)3258814 - 17/05/2019
REPORT
Date of
13 December 2018, 09:30-13:00 - 6th Operational Committee of the EU
meeting
Emergency Trust Fund for stability and addressing the root causes of irregular
migration and displaced persons in Africa (EUTF) North of Africa window.
Location
European Committee of the Regions, Bâtiment Jacques Delors, Rue Belliard 99-
101, 1040, Salle VMA1
Participants NEAR (Chair: Director Michael Köhler;
, DG HOME (Director Marta Cygan), EEAS
, EU
Member States, European donors (Switzerland and Norway), North African partner
countries (Algeria, Egypt, Libya, Morocco and Tunisia).
Purpose of
1. Opening remarks by DG NEAR and EEAS
meeting
2. Presentation on the state of play of the North of Africa window’s financial
situation, non-substantial amendments and strategic orientations
3. Presentation for approval of the sixth pipeline with four programmes totalling
€115 million
4. Presentations on the state of play of project implementation, the North of Africa
window Monitoring & Evaluation Framework and Research Facility.
Issues
1. Opening remarks and adoption of the agenda:
discussed
The Chair, Director Michael Köhler (DG NEAR) opened the floor by outlining the
current situation in the Central and Western Mediterranean Routes. Director Köhler
described the evolving nature of migration flows and pointed out that, in particular,
while irregular migration coming from the Central Mediterranean route has
significantly decreased, numbers have been on the rise in the Western
Mediterranean route this year. The Chair underlined the success of EU engagement
in the Central Mediterranean route, especially in Libya, where, among others, EU
support facilitated the provision of assistance to evacuate migrants and refugees,
and the successful creation of alternatives to detention centres, including UNHCR’s
recently established first Gathering and Departure Facility (GDF) in Tripoli. In
response to the changing situation in the Western Mediterranean route, the Chair
recalled the importance of the programmes submitted for adoption, by stepping up
support to border management in Morocco to support an intensive, new cooperation
dynamic between Moroccan and Spanish authorities; and by providing help for the
implementation of the Moroccan National Strategy on Migration and Asylum.
Director Köhler underlined that the overall EUR 115 million package proposed to
the Operational Committee constitutes the single biggest package ever presented,
aiming to address both irregular and legal migration, in line with the needs of EU
Member States.
DG HOME stressed the key role the EUTF for Africa has played in achieving the
EU’s political commitments and delivering effective results. It underlined the
importance of good cooperation and coordination between the European
Commission and European External Action Service as well as with Implementing
Partners. Finally, DG HOME endorsed the programmes submitted for approval to
the Operational Committee, in the light of the changing situation in the Central and
Western Mediterranean Routes.
EEAS underlined that the EUTF for Africa has been an instrumental tool of the EU
to cooperate on migration management with partner countries with a comprehensive
and tailor made approach. In light of the developments in the Western
Mediterranean route, the EEAS also called for the intensification of efforts with
Morocco. Regarding the situation in Libya, while the EEAS underlined the
important results achieved on evacuation, voluntary humanitarian returns, and the
dialogue with Libyan authorities and African partner countries, key remaining
challenges were outlined, including the situation of migrants and refugees in
detention centres who are in need of immediate protection. The EEAS stressed that
the need for sustained peace needs to accompany the EU’s efforts.
2. Presentation on the state of play of the North of Africa window’s financial
situation, non-substantial amendments and strategic orientations:
The Trust Fund Manager,
, thanked Member States for their
recent contributions to the EUTF North of Africa window’s budget (from Austria,
Croatia, Estonia, Ireland, Latvia, Lithuania, Malta and Norway). He informed that
currently the window’s budget is composed of EUR 378 million EU budget
contributions and EUR 209 million contributions by Member States, Switzerland
and Norway, making an overall amount of EUR 587 million.
The Trust Fund Manager informed about a recent commitment by the European
Commission to allocate €27.7 million to the EUTF North of Africa window, which
will be followed by another EUR 120 million after decision by the Commission in
early 2019. He informed that with this contribution the funding gap of the window
stands at around ca. €67 million for 2019, stressing that the window remains
severely underfunded. In this respect, the Trust Fund Manager and the Chair called
donors for continued support.
3. Presentation for approval of the sixth pipeline with four programmes,
totalling €115 million:
All four programmes were approved, with some suggestions for their
implementation.
The Chair gave the floor to the Trust Fund Manager and his team to introduce the
projects.
• T05-EUTF-NOA- Strengthening the implementation of migration policy at
regional level – EUR 8 million
The programme was designed upon suggestion of the Moroccan authorities with
the aim to strengthen the interventions already existing at the central level in terms
of migration policies in Morocco and integrate them at the regional level. The
regions concerned by the project have become, over the last decades, territories of
departure, transit and destination.
Members expressed their support for the proposal. BE recalled that the support and
improvement of migration governance is one of the two key domains of the
governmental Belgian development cooperation with Morocco and emphasised
ENABEL’s expertise in that area and in that country. BE identified the development
of expertise in migration organisations and in communities as a key objective. BE
cited its ongoing projects supporting migration governance in Morocco and the
development of a pilot project on legal migration between Morocco and the Flemish
region as examples that will provide expert knowledge to the programme. FR
expressed interest to involve French agencies and experts in the programme, while
strongly agreeing with the diaspora to be included in the project, emphasizing the
importance to transfer funds to the regions. Following the FR intervention, BE
representative expressed its willingness to facilitate contacts between ENABEL and
other MS agencies. DE attached particular importance to focus on both local and
regional levels at the same time. DE also asked for reassurances that there will be
coordination with various other ongoing projects that are currently taking place to
facilitate the integration of migrants in the region. DE recommended involving the
Moroccan authorities, in particular the Ministry of Interior, in the steering structure
of the project. Finally, DE also asked whether the programme could be extended to
other regions at a later stage.
The Chair, Michael Köhler expressed openness to expand the scope of the program
to other regions if the project succeeds in its current target areas. The Chair also
agreed to bring in stakeholders working on similar projects into the process of the
programme’s implementation to ensure coordination. He underlined that
coordination could be ensured with the help of the EU delegation. A respective
mission is already planned for January where concrete proposed measures for this
would be specified. The EUTF NoA programme manager in charge of programmes
in Morocco and Algeria,
, stated that a coordination table was already
in place, and that the EU delegation had expressed its willingness to ensure that
there will be complementarity between ongoing programmes.
MO confirmed that the Moroccan Ministry of Interior was fully on board to further
enhance coordination on the programme, while, in the meantime, it was working in
very close coordination with local authorities of the regions. MO also said that it
was conducting assessments on the ways ongoing projects are advancing.
The Action Fiche was approved. At the day of the Operational Committee,
commitment credits for this action were not sufficient to execute a Level 1
Commitment. This will be done as soon as sufficient commitment credits will be
available.
• T05-EUTF-NOA- Support to Integrated Border and Migration Management in
Morocco – EUR 40 million
The programme aims to support the Moroccan Ministry of Interior and its agencies
in enhancing their capacities in its efforts to contain irregular migration. The
programme, in particular, supports the fight against networks of smugglers and
traffickers, enhances the capacities to conduct Search & Rescue at sea operations
with the aim to reduce the loss of lives, to better control terrestrial and sea borders
and supports the cooperation with the EU and its member states.
Members expressed their support for the proposal. ES emphasized that the
programme was a political priority for them, given that 50% of total irregular
migrants to the EU arrived on the Western Mediterranean route this year. FR, while
supporting the action without reservations, asked for more clarity regarding
performance indicators, as well as for more information on the implementation
process, in particular the sectors that will be covered by the programme in Morocco.
UK, DE, FR, NL, BE and DK asked for more specific description and clarity on the
ways actions and initiatives within the programme as well as through monitoring
measures will ensure the protection of human rights and the principle of ‘do-no-
harm’. DE asked for a detailed list on the equipment the majority of the budget will
be spent on while also questioning whether the programme will comply with DAC
rules. DE also underlined the need for intense cooperation to make sure that there
will be no overlaps with other ongoing programmes, such as one involving the
German Federal Police. NL asked for a clearer breakdown of budget lines. IT asked
whether the EU planned to mobilize public expertise for the implementation of
actions under this programme.
Regarding performance indicators, the Deputy Trust Fund Manager,
pointed out that the Operational Committee had granted the window’s
management the possibility to present Action Documents without log-frames as the
proposed programmes were normally still at its early stages. He assured participants
that the log-frame was a mandatory annex to the contract with the implementing
partner and that indicators will be developed in the coming months during the
formulation of the contract. He mentioned that the EUTF NoA team was already
working on defining them together with FIIAP and the Moroccan government.
On human rights, the Chair, Michael Köhler, assured participants that there was
already a clear reference in the financing agreement to human rights obligations.
Furthermore, he stated that Morocco, under its National Strategy on Migration and
Asylum, was committed to the respect of human rights, given that it is the signatory
of all major international human rights conventions. To provide further assurances,
Director
stressed that the EU will make sure to build in all necessary
measures into contract documents to ensure that human rights will be protected.
On the question of eligibility with the OECD-DAC ODA requirements, Director
Köhler assured the audience that the programme was in DG NEAR’s view DACable
but could also be funded through funds from DG HOME that are not subject to
DAC rules. Deputy Trust Fund Manager,
, underlined that DG
HOME had contributed a total of EUR 80 million to the window. Also, other funds,
such as ENI had a significant non-ODA share.
Regarding specific list of equipment to be provided, Director Köhler stated that
negotiations with the Moroccan authorities and with donors were still ongoing on
individual equipment needs. Similarly, coordination with other stakeholders, such
as the German Federal Police project, was already taking place in the context of
general coordination with EU activities.
Concerning the breakdown of the budget, Director Köhler reminded the audience
that the Action Document only contained generic figures at this point, however a
legal contract containing a precise budget would be concluded with FIIAP soon.
MO assured the audience that it will uphold its commitments to the respect of
human rights as a signatory to conventions on human rights and the rights of
migrants. On the question of equipment, MO stressed that it prioritized maritime
equipment, given that most life-threatening dangerous situations occured today on
the sea.
Finally, Director Köhler stated that the Commission would soon release a press
release on various components of the package, while a 2-page internal document on
summarizing the programme could be circulated to members of the Operational
Committee before the end of the week. In addition, Director Köhler underlined that
the Commission will instruct the local EU Delegation, to organize an information
session with the potential participation of FIIAP to present the current package for
Morocco and the entire approach of EU support given to Morocco on migration
related programmes to ensure the proper articulation of cooperation towards
national programs and EU funded ones.
The Action Fiche was approved.
• T05-EUTF-NOA- Support to Integrated Border and Migration Management in
Libya - Second phase – EUR 45 million
The programme is a continuation and expansion of the ongoing engagements
through the ‘Support to Integrated border and migration management in Libya’
programme with the Italian Ministry of Interior. The objective of the programme is
to take stock of the work under the previous programme and focus on an
intensification of the existing engagements and on the implementation of new areas
of intervention.
Members expressed their support for the proposal but raised some concerns and
questions that need further clarifications from the COM.
• IT stressed the importance of ensuring continuity of action in order to
consolidate the results achieved so far and encouraged talks to be continued
with IOM on involving them in the programme, given their tremendous
experience in the country.
• NL, DE, FR, BE, UK, DK, SE and NO requested for more concrete
information and regular feed-back/follow-up on the lessons learned
regarding the implementation and results of the 1st phase of the programme
and, based on that assessment, for a set of actions that the Commission
would recommend to build in the 2nd phase to improve measures.
• BE and NL requested to receive specific detailed information on the
activities undertaken by the third-party monitoring mechanism that some
Member States requested to put in place during the first phase to monitor
the Libyan Cost Guards activities and asked which measures the COM
intends to put in place for the monitoring of the second phase.
• BE in particular requested information on the measures the Commission
plans to put in place for the protection of migrants during their transfer to
detention centres and for the improvement of conditions of migrants in
detention centres.
• DE, DK, SE and NO asked for elaboration on the steps taken so far for the
vetting of Libyan Coast Guards, stressing the need for a conflict sensitive
approach and adherence to the ‘do no harm principle’.
• Following up on it, NL, BE and DK inquired about the ways the
Commission intends to monitor the Libyan Coast Guards.
• DE requested more information on the ways the Commission intends to
monitor that the programme fulfils the criteria of having a human rights
based approach during its implementation phase.
• Following up on this, the UK specifically mentioned recent articles from the
UK media on the mistreatment of migrants and refugees in detention centres
in Libya linked to EU funds, urging for concrete actions that aim to protect
the rights of migrants and refugees.
• FR requested information on the ways the Commission intends to link up
certain activities under the programme, such as technical trainings, with
ongoing activities under CSDP mission.
• CH highlighted the importance of a balance between projects supporting
border/migration management on the one hand and protection of migrants
on the other hand.
• Finally, SE requested more information on the procurement of equipment,
and on addressing the question whether there is an issue with DAC
compatibility, given that the recipients of this equipment, the Libyan Coast
Guards, are part of the Libyan Ministry of Defence.
The Trust Fund manager,
, expressed agreement with IT that
negotiations with IOM should continue on involving them in the programme’s
Southern component, given their extensive experience on the ground.
On the question of the results of the 1st phase of the programme, the Trust Fund
Manager mentioned that a meeting on the topic had already taken place at the end
of October, however he proposed another meeting on the subject to be organized.
Lessons learned during the 1st phase of the project had been taken into account
during the preparation of the feasibility study of the 2nd phase,
On ensuring fairness in the procurement process of the programme, the
Trust Fund Manager underlined that procurement rules were in line with EU
directives. Finally, he stressed that the issue of ensuring 3rd party monitoring
remained key for the EU.
On linking up the programme with existing initiatives under ongoing CSDP
missions, the EEAS argued that the programme intended to contribute and be
complementary to ongoing programmes such as EUBAM Libya and EU NAVFOR
Med.
On the topic of human rights, the Chair, Michael Köhler, stressed that the EU was
currently in intensive dialogue with the GNA on detention centres, and UNHCR
and IOM were working hard to secure access to these centres. Director Köhler
underlined that the EU’s policy was not to support detention centres but to look for
alternatives and, in the meantime, do everything to improve the situation through
diplomatic and cooperation activities. Reacting to the allegations of the UK media,
the Chair rebuked press allegations and reminded the audience that the Libyan Coast
Guards have saved many lives as a result of the EU’s continued support, while the
EU is actively trying to address the situation at detention centres. The Director
highlighted that the EU was first and foremost working on supporting the saving of
lives, and stressed that not giving any support to the Libyan authorities would lead
to a situation that is even worse than the current one. On the dissemination of lessons
learned, the Director agreed to discuss organizing a meeting that would be attended
by implementing partners who could explain their experience on the ground first
hand.
Reacting to Director Köhler’s remarks on detention centres, LY stressed that the
GNA did not intend to keep detention centres in the long-run. Given the high
capacity of SAR missions, LY argued that alternatives for the location of migrants
and refugees were very limited for the time being. Regarding the question on the
programme’s compatibility with DAC, LY reminded the participants that they did
not currently possess other tools to conduct SAR other than the Coast Guards that
were evidently part of the Libyan military apparatus.
Reacting to BE’s proposal, Director Köhler proposed to organise in the near future
an informal meeting on the assessment of the programme’s 1st phase (including on
the third party monitoring) for instance on the occasion of the next Operational
Committee. BE expressed its hope to learn more about the ways the EU would like
to support the respect of the ‘do no harm principle’.
The Action Fiche was approved. At the day of the Operational Committee,
commitment credits for this action were not sufficient to execute a Level 1
Commitment. This will be done as soon as sufficient commitment credits will be
available (
n.b. Level 1 Commitment executed on 20 December 2018).
• T05-EUTF-NOA - Towards a Holistic Approach to Labour Migration Governance
and Labour Mobility in North Africa – EUR 15 million
The programme aims to boost the labour migration governance in the North of
Africa countries by strengthening the policy, legislative and institutional framework
on labour migration, while also helping to set-up and implement mobility schemes
from three countries (Egypt, Morocco and Tunisia) to Europe.
The action was adopted unanimously. EG expressed its gratitude with the project,
while asked other EU Member States to also join it, thanking BE for its interest to
join the programme at a later stage. EG requested observers to be part of the
programme’s Steering Committee alongside the Member State governments who
are involved in the implementation of the project. EG, supported by TN, expressed
dissatisfaction with the lack of breakdown of the budget in the Action Document,
as well as the short amount of time (2 weeks) to review changes in the proposed
budget before the Operational Committee.
FR called on the EU to make sure there were no duplications in the context of the
work of the ILO, and inquired whether the proposed duration of the project could
be extended in the future. FR also asked for the protection of human rights to receive
more emphasis in the programme.
The Trust Fund Manager,
, reassured participants that there
were no intentions for the project to duplicate ongoing programmes; it would purely
like to provide an added value to them. On the question of extending the duration
of the project, he confirmed that it was possible, keeping in mind the duration of the
EUTF.
The Chair, Director Michael Köhler, proposed a better involvement of partner
countries in the elaboration of future programmes by setting up a platform of
dialogue. The Director expressed his willingness to work harder on ensuring the
ownership of partner countries in the future, as well as that they all receive the same
level of information at all stages of programmes’ development in the future.
The Action Fiche was approved.
4. Presentations on midterm evaluations, and monitoring & evaluation
framework.
Due to the lack of time, it was agreed that the presentations would be shared together
with the minutes.
With no other business on the agenda, the Chair called the meeting to a close at
14:00.
Main
• The EU took note of the concern expressed by the Operational Committee about
outcomes
the late distribution of some of the documentation for the meeting.
• All four programmes were approved by consensus.
Follow up
• A meeting was proposed on the assessment of the 1st phase of the ‘Support to
actions
Integrated Border and Migration Management in Libya’ programme. It could take
place during the next Operational Committee.
• An information session was proposed to present the approach of EU support given
to Morocco on migration related programmes to ensure the proper articulation of
cooperation towards national programs and EU funded ones.
• The next Operational Committee of the North of Africa window is planned for
May 2019.